2 total
Judicial review dismissed; emergency order did not authorize straight-time payout of comp time.
The applicant Health Unit sought judicial review of a labour arbitration award that found it breached the collective agreement by offering straight-time payouts for accumulated comp time during the COVID-19 pandemic.
The Health Unit argued the breach was authorized by the Emergency Management and Civil Protection Act and O. Reg. 116/20.
The Divisional Court determined the standard of review for interpreting the emergency order was correctness.
Although the court found the arbitration board erred in concluding the Act did not permit orders with financial consequences, it upheld the board's factual finding that the specific measure taken was not 'reasonably necessary' to respond to the outbreak.
The application for judicial review was dismissed.
Human rights application dismissed as untimely because it was filed beyond the one-year limitation period.
The applicant filed a human rights application alleging discrimination with respect to employment because of disability.
The respondent raised a preliminary objection that the application should be dismissed due to delay.
The Tribunal found that the application was filed more than one year after the last alleged incident of discrimination.
As the applicant failed to provide a good faith explanation for the delay, the Tribunal dismissed the application as untimely under section 34 of the Human Rights Code.
